Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC

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Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $231,012 for fitness center memberships for City employees for the period July 1, 2010 through June 30, 2011.

Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement with Cal Sailing Club to use the property located at 124 University Avenue in the Berkeley Marina for a term beginning June 23, 2010 and ending June 30, 2014, a period of approximately four years and one month for a total license revenue amount of $26,345.

3 Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in an amount not to exceed $480,000 for the period of 150 calendar days from the date of the execution of the contract.

Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 6135A with Parking Concepts Incorporated (PCI) for the continuation of Off-Street Parking Facility Management at three City-owned Garages: Telegraph Channing Garage, Center Street Garage and Oxford Garage, increasing the contract by $565,832 for a total amount not to exceed $7,584,832 with an extension through December 31, 2010.

Recommendation: Adopt Negative Declaration and first reading of an Ordinance to add BMC 23C.04.076 to allow (1) existing public libraries to be changed, expanded, or demolished and a new public library constructed, and (2) modification of any Zoning Ordinance requirement applicable to such projects with a Use Permit, rather than a Variance.

Financial Implications: See report

Contact: Jordan Harrison, Commission Secretary, 981-7400

Action: Moved to Action Calendar. 4 speakers. : M/S/C (Capitelli/Moore) to adopt the Negative Declaration and first reading of Ordinance No. 7,148–N.S. Second reading scheduled for July 6, 2010.

Recommendation: Adopt a Resolution to approve the expenditure of $750 to the Berkeley Foundation for the Arts with funds relinquished to the City’s General Fund for this purpose from Councilmember Arreguín’s discretionary Council Office Budget.

Recommendation: Send a letter urging Senator Dianne Feinstein and Senator Barbara Boxer to support legislation to end the current $75 million cap on oil company liability in order to effectively contribute to disaster relief efforts.

Recommendation: Send a letter to President Barack Obama, urging him to persuade Secretary Salazar to temporarily shut down the BP Atlantis oil platform until federal regulators can prove the rig can operate safely.

Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution amending Sections 25E and 25J of Resolution No. 56,508-N.S. by adding subsections to extend Residential Preferential Permit Parking on various streets.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Public Testimony: The Mayor opened the public hearing. 6 speakers. M/S/C (Maio/Moore) to close the public hearing.Action: M/S/C (Worthington/Moore) to adopt Resolution No. 64,957–N.S. amending Sections 25E and 25J of Resolution No. 56,508-N.S. by adding subsections to extend Residential Preferential Permit Parking on various streets.

12. Diversion Fee for Residential and Commercial Recycling Cost Increases (PDF)From: City ManagerRecommendation: Conduct a public hearing and upon conclusion adopt a Resolution establishing a flat rate diversion fee for recycling services of $3.35 per month for both residential and commercial customers, to be effective July 1, 2010.Financial Implications: See reportContact: Claudette Ford, Public Works, 981-6300Public Testimony: The Mayor opened the public hearing. 3 speakers. M/S/C (Maio/Moore) to close the public hearing.Action: M/S/C (Maio/Anderson) to adopt Resolution No. 64,958–N.S. establishing a flat rate diversion fee for recycling services of $3.35 per month for both residential and commercial customers, to be effective July 1, 2010 and will sunset on June 30 2011.Vote: Ayes: Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes: None.

Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Arata Equipment Company for the purchase of 31,000 curbside carts for the residential recycling program, at a cost not to exceed $2,507,310; and executing a Schedule to a Master Equipment Lease/Purchase Agreement to purchase and make annual lease payments for the curbside recycling carts with Banc of America Public Capital Corp. for an annual lease payment not to exceed $410,000 to be paid over seven years at a not-to-exceed interest rate of 3.50%, with a first payment commencing no later than January 1, 2011.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Speakers: 4

Action: M/S/C (Capitelli/Moore) to adopt Resolution No. 64,959–N.S. to execute a contract with Arata Equipment Company for the purchase of 31,000 curbside carts for the residential recycling program, at a cost not to exceed $2,507,310; and executing a Schedule to a Master Equipment Lease/Purchase Agreement to purchase and make annual lease payments for the curbside recycling carts with Banc of America Public Capital Corp. for an annual lease payment not to exceed $410,000 to be paid over seven years at a not-to-exceed interest rate of 3.50%, with a first payment commencing no later than January 1, 2011.

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 6414A with Building Opportunities for Self-Sufficiency (BOSS) for litter removal and hand sweeping of city streets and sidewalks for $320,500 for the term July 1, 2010 through June 30, 2011 for a new contract total not to exceed $2,457,124.

Financial Implications: See report

Contact: Claudette Ford, Public Works, 981-6300

Speakers: 0

Action: M/S/C (Capitelli/Moore) to adopt Resolution No.64,961–N.S. authorizing the City Manager to execute an amendment to Contract No. 6414A with Building Opportunities for Self-Sufficiency (BOSS) for litter removal and hand sweeping of city streets and sidewalks for $320,500 for the term July 1, 2010 through June 30, 2011 for a new contract total not to exceed $2,457,124.

1 Change the current rate structure to create a billing system that covers and breaks out the costs for refuse, recycling, organics, and Clean Cities services instead of a regulatory fee to cover the current structural budget deficit;

2 A regulatory or diversion fee should be for one year only, and be replaced by a future comprehensive rate structure, informed by the results of the pending Assessment of the Solid Waste and Recycling Division; and

3 Minimize job losses in this budget process, eliminating only those positions superfluous to current operations, while leaving unfilled those that support on-going programs and the future recovery of the division.

1) Discuss the placement on the 2010 Ballot of a measure for voter approval adopting a Green Vision for the downtown, designating the Downtown Plan Area, adopting certain policies for the downtown, and stating the voters’ intention that the Council adopt a Downtown Area Plan that implements that green vision and voter-adopted policies and,

2) Direct the City Manager to return with necessary CEQA Resolutions for final action on July 6, 2010.

Recommendation: Provide direction to staff as to any modifications to the draft of the New 2010 Downtown Area Plan, by working from Planning Commission’s draft DAP recommendations and noting changes desired by the Council. At Council’s request, Planning Commission’s draft DAP focuses only on goals, policies, and key development standards/actions, to provide a more accessible ballot-friendly Plan. In providing direction to staff, the Council should note staff’s preliminary analysis as to the adequacy of the 2009 DAP EIR, specifically that additional CEQA-related analysis and findings will be needed if the DAP is placed on the ballot. Staff will return in July for further Council discussion and possible action.

Recommendation: Place the community-developed Downtown Area Plan on the November 2010 ballot for voter approval.

Financial Implications: Unknown

Contact: Jesse Arreguin, Councilmember, District 4, 981-7140

Speakers: 26

Action: M/S/C (Moore/Wozniak) to direct staff to return on July 13, 2010 with necessary CEQA resolutions and language for a Ballot Measure for voter approval at the November 2010 General Election adopting a Green Vision for the downtown, designating the Downtown Plan Area, adopting certain policies for the downtown, and stating the voters’ intention that the Council adopt a Downtown Area Plan that implements that green vision and voter-adopted policies as amended to read as follows:

Section 2. Designation of Downtown Area

The Downtown Area is hereby designated as the area bounded by Hearst Street and Dwight Way and Oxford/Fulton Street and Martin Luther King, Jr. Way, with a Core area within one (1) block of any entrance to the Downtown BART Station.

15.Place Medical Marijuana Ordinance Amendments on the November 2010 Ballota. From: Mayor Bates and Councilmembers Moore, Anderson and Capitelli (PDF)Recommendation: Place a measure on the November 2010 Ballot that would amend the City of Berkeley Medical Marijuana Ordinance. These amendments will clarify definitions, increase access to affordable medication for low-income patients, establish limits on collective residential growing, reduce the buffer zone between dispensaries and public/private schools, allow for ancillary facilities in Manufacturing District, establish a tax on gross receipts or square footage, and in the event the State Ballot measure to legalize marijuana use passes, establish a tax on non-medical cannabis, and ensure dispensaries make their financial records available to the City of Berkeley.Financial Implications: $25,000-$50,000 depending on the Registrar of Voter costs and the number of other ballot measures.Contact: Tom Bates, Mayor, 981-7100

Action: (M/S/C) (Capitelli/Maio) to suspend the Rules of Procedure and extend the meeting to 12:00 a.m.

Action: (M/S/C) (Worthington/Maio) to suspend the Rules of Procedure and extend the meeting to 12:30 a.m.

Councilmember Wengraf exited meeting at 12:07 a.m.

16. Revising the Rental Housing Safety Program (PDF)From: City ManagerRecommendation: Direct the City Manager to prepare the following changes to the Rental Housing Safety Program:1. Incorporate penalties for noncompliance with Schedule A into proactive and reactive inspections.2. Eliminate Schedule B, the Gas Heating Certification program.3. Increase the amount of re-inspection fees and administrative citations.Financial Implications: See reportContact: Jane Micallef, Housing, 981-5400Action: Continued to July 6, 2010.

17.Policy - Lease and License Fees for Non-profits at the Berkeley Marinaa. From: Waterfront Commission (PDF)Recommendation: The Waterfront Commission recommends to the Berkeley City Council that it make appropriate inquiries of the City Manager to confirm that the rents being requested of the Berkeley Marina non-profit tenants are consistent with the Marina Master Plan's objective to provide affordable rates for desirable nonprofits in the Berkeley Marina. Financial Implications: See reportContact: John Mann, Commission Secretary, 981-6700

b. From: City Manager (PDF)Recommendation: The City Manager recommends no action be taken, and that staff continue the current practice of taking into account the desirability of non-profits that provide community service to the public at the Marina, as well as using market rates and comparables as guidelines when determining rents.Financial Implications: See reportContact: William Rogers, Parks, Recreation and Waterfront, 981-6700Action: Moved to Consent Calendar. Approved the City Manager’s recommendation that no action be taken, and that staff continue the current practice of taking into account the desirability of non-profits that provide community service to the public at the Marina, as well as using market rates and comparables as guidelines when determining rents.

Recommendation: Take action in responding to Smart Meter problems and send a letter to the California Public Utilities Commission (CPUC), asking for continued investigation of the Pacific Gas & Electric (PG&E) Smart Meter program, requirement of PG&E to submit a characterization study of the system planned to the City of Berkeley, requirement of PG&E to allow consumers to ‘opt out’ of the program without repercussions, as well as an immediate moratorium on the disposal, recycling, or permanent alteration of old PG&E meters and a call for consideration of a moratorium on the further installation of PG&E Smart Meters.

CommunicationsCouncil rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.